Donnelly

This is an appeal from an order of the superior court vacating and setting aside an order settling a bill of exceptions, and allowing the defendant ten days in which to propose amendments thereto. P'he plaintiff excepted to said order, and the record upon said exception consists of the affidavits of the respective counsel for the parties.

From the record we learn that a suit between the parties for some sort of equitable relief—the particular relief sought does not appear—was tried on the first day of August, 1906, and judgment awarded to the defendant by the court and the same entered of record on the twenty-fourth day of September, 1906.

The only question submitted for determination is: Did the court below abuse its discretion in making the order setting aside the previously made order settling the bill of exceptions? The respondent had failed to prepare, propose and serve upon the attorney for the appellant any amendments to the bill within the ten days allowed him by law to do so, and had not obtained from the court an order extending the time for that purpose. The proceeding involving the motion to set aside the order with which we are here concerned was inaugurated upon…